Showing : 121-130 of 266 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 389, 439, Indian Penal Code, 1860, Section 304B, 498A-- Bail during pendency of appeal - Lady of 80 years old - Suffering from various age related ailments - She had been in jail for more than one year - Bail granted...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 389, 439, Indian Penal Code, 1860, Section 304B, 498A-- Bail during pendency of appeal - Conviction u/ss 304-B, 498-A IPC - Appeal against - Only bread earner of the family - Held, not a ground for grant of bail during pendency of appeal...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439, Official Secrets Act, 1923, Section 3(2)-- Accused arrested under Official Secrets Act and granted bail - Appeal in Supreme Court against grant of bail on the ground that crime was of grave nature and national security was jeopardized - Held, accused already on bail for 10 months, but no allegations of misuse of bail - Accused approver in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Grant or refusal by High Court - Supreme Court does not normally interfere - As High Court completely ignored the basic principles while granting bail as such Supreme Court interfered in the matter...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Bail - While granting bail reasons for prima facie concluding why bail was granted should be indicated - However, giving reasons is different from discussing merits or demerits of the case - At the stage of granting bail, a detailed examination of evidence and elaborate documentation of the merits..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Discretion to be exercised in a judicial manner with care and caution - At the stage of granting bail an elaborate examination of evidence and detailed reasons touching merits of the case is not required - However, there is a need to indicate in the order reasons for prima facie concluding..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Bail - While granting bail Court to consider among other circumstances viz. (a) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; (b) Reasonable apprehension of tampering with the witness or apprehension of threat to the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Bail - While granting bail Court should be satisfied whether there is a prima facie case - However, exhaustive exploration of the merits of the case is not necessary - Reasons for prima facie concluding need not to be indicated in the order...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Factors to be considered : 1. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; 2. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; 3. Prima facie satisfaction of the Court in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
National Security Act, 1980, Section 3(2), Criminal Procedure Code, 1973, Section 439-- Detention u/s 3(2) National Security Act - Bail - Detention on ground of inflammatory speeches inciting communal hatred, promoting ill-will between classes and communities and disharmony between groups of communities - Accused released on parole/temporary bail on his giving an undertaking that he..........

Showing : 121-130 of 266 Results